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Last Modified on Nov 26, 2025
You may be left with countless questions after being fired for unlawful reasons. Many are aware that legal options exist, but do not know how to pursue them. The Law Office of Frank S. Clowney, III, is here to explain how to file a wrongful termination lawsuit in California.
About Us
The Law Office of Frank S. Clowney, III has spent years helping the people of San Diego, Oceanside, Escondido, and communities throughout Southern California in their wrongful termination cases. Our founder and senior attorney, Frank Clowney III, has over four decades of experience in employment and personal injury law. He understands that no two cases are identical and limits his workload to dedicate himself personally to each client.
Overview of Wrongful Termination Cases in California
Wrongful termination cases are typically covered under retaliation or discrimination laws. In 2023, California averaged 796 claims of retaliatory actions, including wrongful termination. This represents a 50% increase since 2019. The California Civil Rights Department (CRD) received 29,855 formal complaints of civil rights violations. Of these, the CRD issued 14,982 right-to-sue letters and reached 788 settlements, recovering $116,506,424 in damages.
Steps to Filing a Wrongful Termination Claim in California
If you suspect you were let go unlawfully, there are several key steps you can take to obtain justice. The following are the steps to file a wrongful termination claim in the Golden State.
Establish the Reason
The crucial first step in your case is to determine which laws were violated and establish the grounds for your claim. California is an at-will employment state, meaning employers can terminate your employment with no specified reason. However, there are several situations where your firing may be illegal.
Common causes for a wrongful termination claim include:
- Public policy. This type of case covers acts of firing due to an employee refusing to carry out an illegal request or reporting unlawful behavior.
- Discrimination. These claims include terminations based on protected characteristics. Examples include race, gender, sexuality, marital status, disability, age, pregnancy, military history, religion, and other inalienable traits.
- Retaliation. It is unlawful for an employee to be fired as punishment for reporting any harassment, discrimination, or illegal behavior.
- Breach of contract. Wrongful termination claims can cover instances where there is an express or implied job security, which is violated.
Reporting to a Governmental Body
After establishing the reason for your firing, you may need to report the action to the applicable agency to pursue a claim. Retaliation-related complaints are made to the Department of Labor Standards Enforcement (DLSE). You can report your unlawful termination within one year of the date it occurred. These claims can be filed online or mailed to the Labor Commissioner in Los Angeles or Sacramento.
If your firing was a discriminatory act, you should file with the CRD. These claims have a three-year timeframe from your termination. You can request either a full investigation or a right-to-sue letter, which authorizes you to pursue a civil claim. If you receive a right-to-sue notice, you can pursue it in civil court within one year.
Some wrongful termination cases do not require notifying the DLSE or CRD. Claims centered around refusal to partake in illegal actions or a breach of contract can often proceed directly to court.
Submit a Formal Complaint
Once you report to the government, if needed, you can then file a claim in your county’s Superior Court. This begins with an official complaint letter that details the parties involved, the laws broken, and the compensation you desire. Your employer must be served within 60 days.
At this point, your case will enter the pre-trial phase, where most claims end with a settlement agreed upon by both parties.
FAQs About How to File a Wrongful Termination Cases in California
Can Your Employer Fire You for No Reason in California?
In California, your employer can fire you for no specific reason. California is an at-will employment state, meaning managers and owners retain the right to terminate employment at any point. However, if the firing is in retaliation or is an act of discrimination, it may be grounds for a wrongful termination claim. Discuss the details of your case with a wrongful termination lawyer to determine whether your firing was legal.
What Qualifies as Wrongful Termination in California?
There are several cases that may qualify as wrongful termination under California state law. One common ground for a claim is that your firing was a discriminatory act that violates the California Fair Employment and Housing Act. Another strong argument for wrongful termination is that it was an unlawful retaliatory action after reporting your employer for other policy or legal violations.
What Evidence Is Needed to Prove Wrongful Termination?
The evidence needed to prove wrongful termination changes based on the circumstances around your firing. If it involves a violation of your contract, citing passages from signed documents can be key. If it is a retaliatory action, documentation of both your report and communication with your manager is vital.
Evidence for most cases includes copies of emails, texts, performance reports, witnesses, details in your termination letter, and a log of your manager’s actions leading up to letting you go.
How Much Does a Wrongful Termination Attorney Cost in California?
How much your California wrongful termination attorney costs depends on the workload of your case, its complexity, and whether litigation is required. A minor case of retaliation with a quick settlement tends to cost less than a larger case involving systematic harassment and a trial. In our initial consultation, we can discuss the details of your case and provide a rough estimate for your expenses.
Hire a Wrongful Termination Lawyer Today
Navigating employment law on your own can be overwhelming and confusing, with many potential easy mistakes. Hire a wrongful termination lawyer to assist you through this difficult process. Your wrongful termination attorney can establish grounds for your case, file with the correct agency, open your claim, and represent you both in negotiations and the courtroom.
Contact us today for your initial consultation, where we can learn your story and discuss the costs, strategies, and legal process involved in your case. You may also visit our San Diego office on West Broadway, a few blocks south of City Hall and just north of the Edward J. Schwartz Federal Courthouse.
